Legal Question in Criminal Law in Texas

My daughter is being treated as a witness at this point. Is there a chance she could be charged as an accessory to a murder, for being in the car with the boyfriend that made a phone which lead to his best friend being killed? The boy friend did not have a gun, but his friends in an other car did. She did make a statement to detectives. She was told she could plead the 5th ammendment, would that be advisable?


Asked on 8/06/09, 1:28 pm

2 Answers from Attorneys
TC Langford Langford Law Office

There are entirely too many unknown variables and factors involved here, to be able answer this question. I strongly recommend you not discuss the details of this case in a public forum. I also recommend that you get a confidential consultation with your daughter with a criminal defense lawyer in your area. It could end up being fine, but without far more information, it is impossible to advise her.

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Answered on 8/06/09, 2:26 pm
Pat Montgomery Board Certified in Criminal Law by the Texas Board of Legal Specialization

You should not talk to the police under any circumstances.

If you do not believe me, watch this video:

http://video.google.com/videosearch?q="talking+to+the+police"&hl=en&sitesearch;=

If you are arrested you should say repeatedly: "I want to talk to a lawyer," and nothing else.

If you cannot afford an attorney, you should ask that one be appointed. If you do not care for your appointed attorney, you can always fire him/her and hire private counsel. Meanwhile, their services may benefit you.

You should start saving money for a bondsman and a lawyer. Do not allow your lawyer to act as your bondsman, it is a bad idea. A bondsman wants a case closed as quickly as possible in order to avoid potential liability if the client does not show for court. A lawyer may require extended time to obtain your best possible result. Therefore, I believe there is a potential conflict of interest in acting as both lawyer and bondsman.

You should interview Board Certified Criminal Lawyers. Of the thousands of lawyers in Bexar County, only about 50 have this credential. You can visit the Texas Board of Legal Specialization website to see the list. Many are judges or prosecutors, unavailable for you to hire.

I hope you find this information helpful.

WWW.PATMONTGOMERY.COM

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Answered on 8/06/09, 2:27 pm


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